Risk Services

Employment practices liability: Frequently asked questions

If an individual is sued for something that they allegedly did during the workday, should they hire their own lawyer or will the university defend them?

The university is required by law to provide defense and indemnification to an employee who was working within course and scope of their employment with UC.

There are some specific activities that fall outside that which the law was intended to cover, such as sexual harassment or criminal activity, and as a result may fall outside of that legal responsibility of the university to defend the individual and pay any settlements or judgments.

If the university is sued, which department is responsible for oversight of the lawsuit defense (on behalf of the regents and employees)?

If the cause of action(s) in the lawsuit falls under the "GAEL" program, then Risk Management Services has responsibility for management of the lawsuit at the campus level.

The current practice is to involve the affected department or college throughout the legal process and case defense, as well as the Campus Counsel, the Provost or Chancellor's Office, when appropriate, Office of General Counsel, and Office of the President Risk Management Services, just to name a few.